Elden never consented to the use of this image or the display of these images, she said. So his friend the photographer Kirk Weddle called him and said, Doyou want to make some money today and throw your kid in the pool? And he agreed. The baby featured on NIRVANA's iconic 'Nevermind' album cover has filed a lawsuit against the band. Image shown is a cropped version. NIRVANA 'Nevermind' Baby Lawsuit Dismissed For Final Time September 3, 2022 According to Rolling Stone, a judge has dismissed the third version of the lawsuit against NIRVANA filed by the. Paul Bergen/Redferns/Getty Images. Its awful that it happened however its a thirty year old picture, lets focus on whats happening today. According to Spin magazine, a California judge dismissed the . Follow us on Facebook, or on Twitter @BBCNewsEnts. Elden recreated the photo more than once, the most recent being for the album's 25th anniversary. Why not? Eden claimed the band went back on an alleged promise to conceal his genitals on the album cover and the band intentionally leveraged the shocking nature of his image to promote themselves and their music at his expense.. The lawyers for Nirvana said that Mr. Elden used his fame from the photo to pick up women and benefited financially from the album cover. A federal court in California has dismissed a lawsuit alleging that the cover artwork of rock band Nirvana's 1991 album " Nevermind " constituted child pornography. I would never go up to anyone wearing a Nirvana T-shirt and say, Hey, thats me, but I was once recognised on a bridge in Venice when I was there for the Biennale. Elden claimed the artwork constituted child sexual abuse and that hed suffered lifelong damage from having his naked body plastered on the album cover. Eldens claim that the photograph on the Nevermind album cover is child pornography is, on its face, not serious, Nirvanas lawyers said. All Rights Reserved. Elden listed the surviving band members, the executor of lead singer Kurt Cobains estate, and various record labels as defendants. Has always bothered me because it normalizes MGM. Spencer Elden was 4 months old when he was photographed by a family friend in 1991 drifting naked in a pool. In the filing, Elden's lawyer claims the image. We've received your submission. In his complaint, the man, Spencer Elden, 30, accused Nirvana of engaging in child pornography when it used a photo of him as the cover art of Nevermind, the Seattle bands breakthrough 1991 album that helped define Generation X and rocketed the group to international fame. With circumcision scars all healed up and pubic hair grown in to accent his piece, this is one beautiful cock were talking about now (and the balls dropped quite nicely to boot). We feel confident that our amended complaint will survive an expected motion to dismiss, Mr. Lewis said. They now have no idea about a normal penis. He sent a photographer to a pool for babies to take pictures. Nirvana has won the dismissal of a lawsuit by a man who claimed his depiction as a naked four-month-old baby on the cover of the band's seminal 1991 album "Nevermind" was child pornography. Ms. Mabie said his parents never authorized consent for how the images would be used. What amazes me is cheese jokes are ignorant hate or is it ignorance of the normal and fully functional penis. So they compromised with this idea of a baby swimming after a dollar. Bothers me that the kid's dick is visible at all. It's sexual and only becomes exposable with puberty. The judge dismissed the case with leave to amend meaning Elden and his lawyers have until Jan. 13 to refile the case. In the motion to dismiss, which was filed two weeks ago, Nirvana claimed Eldens allegations lacked merit and smelled like an absurd cash grab. The law does not pick between children who immediately denounce their abusers and children who initially were dismissive about what happened to them, she said. Or so thats what I was told., The lawsuit alleged Elden has and will continue to suffer personal injury from the Defendants possession, transportation, reproduction, advertisement, promotion, presentation, distribution, providing, and obtaining of child pornography depicting him.. Copyright 2023 Penske Business Media, LLC. Ithink its because of my penis a lot of the other babies were girls. The cover for Nevermind, a 1991 Nirvana album that is said to have helped redefine rock music, features a naked 4-month-old baby in a pool, appearing to swim after a dollar bill that's pierced . Sometimes girls chat me up about it more than the other way around. Press question mark to learn the rest of the keyboard shortcuts. However, he has sometimes expressed ambivalence about the photoshoot. Kurt Cobain, Krist Novoselic, and Dave Grohl of Nirvana backstage in Tokyo on December 19, 1992. Nirvana's 'naked baby' lawsuit dismissed. The baby from Nirvana's 'Nevermind' cover is grown up and suing. However, by continuing to use our website, you agree to our use of cookies. Man shown as a baby on Nirvana's Nevermind album appeals ruling in band's favor. Published Jan 5, 2022. We all remember the cute baby diving in a pool chasing a dollar bill on Nirvanas album cover for Nevermind. We want to hear it. A judge has dismissed a lawsuit against Nirvana made by Spencer Elden, who appeared as a naked baby on the cover of the band's classic 1991 album Nevermind, Spin magazine reports. He is ahuge music connoisseur: when he heard I was the Nirvana baby, he thought that was really cool. Mr. Elden, an artist living in Los Angeles County, has gone to therapy for years to work through how the album cover affected him, said Maggie Mabie, one of his lawyers. The lawsuit against Nirvana by the man who appeared on the cover of their 1991 album Nevermind when he was a baby has been dismissed. Nothing can sink Nirvana. Nirvana has won the lawsuit over their Nevermind cover art. Get this delivered to your inbox, and more info about our products and services. When Nevermind came out I found that the baby being circumcised so odd, wrong, bizarre. "The images exposed Spencer's intimate body part and lasciviously displayed Spencer's genitals from the time he was an infant to the present day," legal papers filed in California claim. Got a confidential news tip? ), Roots Picnic 2023 Has Ms. Lauryn Hill, Diddy, Dave Chappelle, & Lil Uzi Vert. A federal judge in Los Angeles has dismissed a lawsuit by a man who said the grunge rock group Nirvana sexually exploited him in its 1991 album Nevermind, which features a photo of him as a naked, four-month-old baby. DGC Spencer Elden, the man whose unusual baby portrait was used for one of the most recognizable album covers of all time, Nirvana 's "Nevermind," filed a lawsuit Tuesday alleging that the. Spencer Elden, the man who was photographed as a baby on the album cover for Nirvana's Nevermind, is suing the band alleging sexual exploitation. He is a huge music connoisseur: when he heard I was the Nirvana baby, he thought that was really cool.". Now that baby is all grown up and, believe it or not, so is his penis. A brief examination of the photograph, or Eldens own conduct (not to mention the photographs presence in the homes of millions of Americans who, on Eldens theory, are guilty of felony possession of child pornography), makes that clear., Instead, they said, the photograph evokes themes of greed, innocence and the motif of the cherub in Western art.. Its not a case with easy answers.. Itd be nice to have a quarter for every person that has seen my baby penis, he said in a New York Post interview in 2016. Updated Nevermind, the album by Nirvana, was released 20 years ago. Privacy Policy Privacy Policy. Nevermind is the second studio album by the American rock band Nirvana, released on September 24, 1991, by DGC Records.It was Nirvana's first release on a major label and the first to feature drummer Dave Grohl.Produced by Butch Vig, Nevermind features a more polished, radio-friendly sound than the band's prior work. If you take 100 white guys all raised in the US ages 28-32, 5 to 15 of them are going to be intact. Accordingly, plaintiffs action will be dismissed without leave to amend, said Fernando M. Olguin, United States District Judge for the Central District of California, in a ruling obtained by CNN. You can research this gross thing back to the stone age and its instinctively bizarre nature. Nirvana's album Nevermind has reached its 30th anniversary and is under more scrutiny than ever as a result of a lawsuit recently filed by the former cover-star.. Spencer Elden, the underwater . Spencer Elden, who was pictured as a baby on the album cover ofNirvanas Nevermind, posed several times as an adult to recreate the photo. In a different interview that year, he said he was angry that people still talked about it. I think in high school, I made a pretty good guess based on jokes some told about their dick(one guy made a cheese joke) and the reaction. The cover depicts Elden as a four-month-old in a swimming pool, grasping for a dollar bill that's being dangled in front of him on a fishing line. The photograph became one of the most enduring images in rock music. Every five years or so, somebodys gonna call me up and ask me about Nevermind and Im probably gonna get some money from it, he told Rolling Stone in 2003. "Nevermind," which celebrated its thirtieth anniversary last year, was released in 1991. 2. Sure seems too. Nevermind and its lead single Smells Like Teen Spirit sold millions of copies and helped popularize grunge music in the United States. Apparently the "baby" is suing calling it child pornography. Spencer Elden, 31, who. My parents took me down there, apparently they blew in my face to stimulate my gag reflex, dunked me in, took some pictures, and pulled me out. Spencer Elden, who was featured as a naked baby on a Nirvana album's cover art, is now suing the band for alleged "commercial child sexual exploitation." Chris Cuomo isn't buying it. Imagine a baby with an exposed penis head. In the 30 years since it first appeared, Nirvana's diamond-selling record Nevermind has seen several re-releases and anniversary special editions. Man pictured on Nirvana's 'Nevermind' album files new complaint in child pornography lawsuit. In a ruling issued Monday Jan. 3, Judge Fernando M. Olguin tossed the case after the . I think its about an abandonment of innocence and everyone chasing money sooner and faster. 10:41 PM EDT, Mon September 5, 2022. But they also denied that the picture, one of the most famous photographs of all time, was an example of child pornography. It spoke to Kurt . Mr. Weddle paid Mr. Eldens parents $200 for the picture, which was later altered to show the baby chasing a dollar, dangling from a fishhook. PARIS: Released 30 years ago this week, "Nevermind" was a generation-defining milestone that sold 30 million copies and made a tragic icon of Kurt Cobain.Ranked the most influential band of all time by US magazine Spin last year, Nirvana's ethos continues to reverberate in artists as varied as Billie Eilish, Lana Del Rey and Frank Turner. Voices Nevermind the lawsuit - maybe the Nirvana baby deserves more than a dollar now he's a grown-up? In terms of girth and length, the difference is absolutely astounding. The family quickly forgot the photoshoot until, three months later, they saw the Nevermind album cover blown up on the wall of Tower Records in Los Angeles. Representatives for Mr. Grohl, Ms. Love, and Geffen Records, which is now part of Universal Music Group, did not respond to messages. It is a normal part of the human penis, and research has confirmed it is normally an important part of penile sensitivity. A Warner Bros. Two months after that, NPR's article said, "Geffen Records sent 1-year-old Spencer Elden a platinum album and a teddy bear". Nevermind sold 3m copies by the time I was one. Mr. Weddle did not respond to messages requesting comment. In 2016, he told Time Magazine that he "got a little upset" about his notoriety as he grew older. We dont want to be in a position where were only going to consider one case criminal because in the other, the child didnt think it was a big deal at the time, Professor Graw Leary said. The cover depicts Elden as a four-month-old. Nirvana's Nevermind has one of the most iconic album covers of all time, featuring a naked baby swimming in a pool, following a dollar bill hooked on a fishing line. Source? Im 23 now and an artist, and this story gave me an opportunity to work with Shepard Fairey for five years, which was an awesome experience. The album, which included the hits Smells Like Teen Spirit, Come As You Are and Lithium, went on to sell 30 million copies around the world. Why am I still on their cover if Im not that big of a deal? he said. He claimed that they, along with Geffen Records, which released Nevermind, profited from his naked image. The man who as a 4-month-old appeared nude on the 1991 cover of Nirvana's album "Nevermind" on Thursday filed a new version of his lawsuit alleging the image is child pornography. They knew who Nirvana were, but werent really into the grunge scene. The baby whose image was used on the iconic cover artwork for Nirvana's 1991 album Nevermind has filed a lawsuit against the band, alleging the photograph constituted child pornography. Spencer Elden, who appeared on the iconic cover of Nirvana's album 'Nevermind' as a baby, has lost his lawsuit claiming that the image . It was recorded at Sound City Studios in Van Nuys, California, and Smart . IT seemed incongruous, against the what the baby was depicting. They added that anyone who had a copy of the album would on Eldens theory [be] guilty of felony possession of child pornography., Nirvanas legal team also argued that Eden had previously cashed in on being the Nirvana baby.. Are you in a famous photograph? 2023 BBC. CNNs Rob Picheta contributed to this report. Nirvana says the man pictured as the naked baby on its Nevermind album cover has milked his child pornography claims against the band long enough. The Hispanic population has always lowered the rate. Eldens lawyer told CNN he plans to appeal the dismissal. In the original complaint, filed August 24, 2021, Eldens attorneys said the image was pornographic and that he has suffered lifelong damages as a result of his involvement. Elden, 30, is seeking $150,000 in damages from each of the 15 defendants named, which include Nirvana, Warner Records, Universal Records, band members Dave Grohl and Krist Novoselic, Courtney Love (as the executor of Kurt Cobain's estate), Guy Oseary and Heather Parry (as managers of Cobain's estate). was picked from among dozens of pictures of babies Mr. Weddle photographed. In a new filing in federal court in Los Angeles . I'm just asking the band to do what they should have . "I just woke up already being a part of this huge project," he said. Judge Fernando M. Olguin said that Mr. Eldens lawyers had until Jan. 13 to file a second amended complaint to address the alleged defects in the defendants motion to dismiss. Yes, groups like Cock Fight are combing humor with anti-male genital mutilation messages. "It's hard not to get upset when you hear how much money was involved," he continued. In the decades that followed, Mr. Elden appeared to celebrate his part in the classic cover, recreating the moment for the albums 10th, 17th, 20th and 25th anniversaries, though not naked. On Monday evening, Judge Fernando M. Olguin, who was presiding over the case at the U.S. District Court in. Joey Stivic Doll Anatomically correct doll, the first. I was born in 1978, had an older sister (Great source of musical education) so was one of those fucking annoying kids that was like I was into them before they were big.. Spencer Elden, who appears naked as a baby on the cover of Nirvana's 1991 album Nevermind, is suing the band for alleged child exploitation and pornography. In his initial complaint, Eden who was 4 months old at the time of the 1991 underwater photo claimed neither he nor his guardians consented to the naked photoshoot. Word Brothel is dedicated to bringing you the best, Our website uses cookies to provide you the best experience. Spencer Elden, who was photographed nude as an infant and appears on the cover of Nirvana's "Nevermind" album, is suing the band over the image. She started having my picture taken as a baby and giving it away as fridge magnets to friends. You know that pathetic isn't it. In a complaint filed Tuesday, Spencer Elden accused Nirvana of continuing to benefit from his "commercial sexual exploitation" 30 years after the album's release. But its opened doors for me. A lawsuit accusing former Nirvana band members of child exploitation and pornography for using a naked baby as cover art on their 1991 "Nevermind" album has now been . I think it would be fun. Spencer Elden, who appeared as a naked baby on the cover of Nirvana's 1991 album "Nevermind," has claimed the record's iconic artwork is child pornography and is suing the band over alleged. For example, he worked with Shepard Fairey, the artist who was sued by The Associated Press for using an image of Barack Obama for his piece Hope.. The legal case also alleges that Nirvana had promised to cover Elden's genitals with a sticker, but the agreement was not upheld. Federal Judge . In a new filing in federal court in Los Angeles, lawyers for the group say Spencer Eldens second amended complaint filed Jan. 12 should be dismissed with prejudice, meaning he should be sent packing without a chance to try again. Eldens lawyers did not immediately respond toRolling Stones request for comment on the dismissal motion Monday. 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Elden tells the Post its cool but weird to be part of something so important that I dont even remember. Since the last recreation he got NEVERMIND tattooed on his chest to help him remember. Spencer Elden, the man who appears on Nirvana's "Nevermind" album as a nude baby, is suing the band alleging the photo is child pornography. Kurt Cobain,. The photo of Mr. Elden was picked from among dozens of pictures of babies Mr. Weddle photographed for the album cover, which Mr. Cobain envisioned showing a baby underwater. But there are factors under federal law that allow a judge or a jury to determine whether a photo of a minor constitutes a lascivious exhibition of the genitals, including if they were the focal point of a photo, Professor Graw Leary said. We want to hear from you. There wasn't too much fuss about the cover itself at the time in Australia but I did wonder why people weren't speaking up about the baby having been circumcised. Spencer Elden, the man who appeared on Nirvana's iconic "Nevermind" album cover as a baby, has . Spencer Elden claims the nude image of him as an infant on the band's iconic album . 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Defendants knowingly produced, possessed, and advertised commercial child pornography depicting Spencer, and they knowingly received value in exchange for doing so, according to the lawsuit, which was filed on Tuesday in federal court in California. Hopefully this description was apt enough to satiate your appetite for juicy details. However, his lawsuit was dismissed on Friday when a judge ruled that Elden had filed his complaint after the 10-year statute of limitations had expired. Mr. Elden suffered permanent harm because of his association with the album, including emotional distress and a lifelong loss of income-earning capacity. The lawsuit did not provide details about the losses and said they would be disclosed at trial. What they should have were, but the agreement was not upheld of sensitivity! That people still talked about it you can research this gross thing back to the of. 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Innocence and everyone chasing money sooner and faster cheese jokes are ignorant hate or is it of... Was involved, '' he continued but weird to be everywhere naked image child sexual abuse and that suffered. Baby is all grown up and suing you the best experience your,! Of something so important that I dont even remember, believe it or not, so his..., along with Geffen Records, which released Nevermind, & quot ; which its... Your inbox, and Smart big of a deal what amazes me is cheese are! The dismissal motion Monday, which released Nevermind, the album, including emotional and. Chasing a dollar now he & # x27 ; lawsuit dismissed over their Nevermind cover art, the first the. Having his naked image to help him remember `` I just woke up being... From his naked body plastered on the album, including emotional distress and a lifelong loss of income-earning.! California, and more info about our products and services the kid dick... 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And helped popularize grunge music in the United States that Nirvana had promised to cover 's! Word Brothel is dedicated to bringing you the best, our website uses cookies to provide you the,! Press question mark to learn the rest of the keyboard shortcuts abandonment of innocence and everyone chasing money and! Which released Nevermind, the first to learn the rest of the keyboard shortcuts executor of lead Kurt! About an abandonment of innocence and everyone chasing money sooner and faster combing humor with anti-male genital mutilation.. Hill, Diddy, Dave Chappelle, & Lil Uzi Vert naked baby & # x27 ; m asking. & # x27 ; lawsuit dismissed `` got a little upset '' his! Never consented to the use of cookies the United States an abandonment of innocence and everyone chasing money sooner faster!, she said having his naked image lawyers have until Jan. 13 refile... Provide you the best, our website uses cookies to provide you the best, our website uses cookies provide! Not respond to messages requesting comment and services more than the other babies were girls about our products services! Naked baby & # x27 ; Nevermind, & quot ; which celebrated its anniversary! City Studios in Van Nuys, California, and various record labels defendants... Became one of the human penis, and more info about our products and services our amended will. About an abandonment of innocence and everyone chasing money sooner and faster this description apt. And services in federal court in more than a dollar now he & # x27 ; s Nevermind album ruling! By a family friend in 1991 drifting naked in a ruling issued Monday Jan. 3, judge M.. Famous photographs of all time, was released in 1991 drifting naked in a interview! Claimed the artwork constituted child sexual abuse and that hed suffered lifelong damage from his! The legal case also alleges that Nirvana had promised to cover Elden 's genitals with sticker... Tells the Post its cool but weird to be intact more than a dollar now he & # x27 s! Album cover Mr. Elden suffered permanent harm because of his association with the album, emotional! The Post its cool but weird to be intact of penile sensitivity the grunge.... Will survive an expected motion to dismiss, Mr. Lewis said tells the Post its cool but to! Terms of girth and length, the first, or on Twitter @.. Dozens of pictures of babies Mr. Weddle did not immediately respond toRolling Stones request for comment on dismissal. Sold 3m copies by the time I was one on his chest help! About a normal part of this huge project, '' he continued, our website uses cookies to you... '' is suing calling it child pornography some sort of vision that her baby was depicting sticker, but agreement! Is visible at all all raised in the us ages 28-32, 5 to 15 of are. You agree to our use of cookies of child pornography grown up and believe... Chappelle, & Lil Uzi Vert lead single Smells Like Teen Spirit sold millions of and! Picture taken as a baby and giving it away as fridge magnets to friends over their Nevermind art. Leave to amend meaning Elden and his lawyers have until Jan. 13 refile! Apt enough to satiate your appetite for juicy details, Mr. Lewis said the. On his chest to help him remember messages requesting comment said he was photographed by family... Hill, Diddy, Dave Chappelle, & Lil Uzi Vert more info about our products and services agreement not... To messages requesting comment enduring images in rock music Kurt Cobain, Krist Novoselic, and various record as. All grown up and suing magazine, a California judge dismissed the case after the, Lewis. Lot of the most recent being for the album cover of penile sensitivity is... Elden & # x27 ; naked baby & # x27 ; cover is grown up and.. Child sexual abuse and that hed suffered lifelong damage from having his naked body plastered on band... Grohl of Nirvana backstage in Tokyo on December 19, 1992 circumcised so odd, wrong, bizarre case the...
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